Anna Chibamu, writing in the New Zimbabwe of 26 August 2019, summarises the latest report of Amnesty International which shows that President Emmerson Mnangagwa has shown little difference with his predecessor Robert Mugabe and his near-two year reign has been replete with human rights abuses. In a statement, AI deputy director for Southern Africa Muleya Mwanawanda said Mnangagwa’s administration, since taking charge following the removal of Mugabe and the subsequent general elections last year, has been marred by a systematic and brutal crackdown on human rights and a decline in socio-economic conditions. “What we have witnessed in Zimbabwe since President Emmerson Mnangagwa took power is a ruthless attack on human rights, with the rights to freedom of expression, peaceful assembly and association increasingly restricted and criminalised,” said the group.
Amnesty International said it has documented at least 15 killings by police when nationwide protests erupted mid-January this year and last week, 128 protesters were reportedly arrested with 400 having been convicted in the disturbances that rocked the country early this year. To date, the human rights organisation said 22 people including Evan Mawarire, a well-known local cleric and activist, and trade union leader Peter Mutasa – still face trumped-up subversion charges in connection with the protests. Some of the activists and human rights defenders were arrested at Robert Mugabe International Airport in May as they returned from a capacity-building workshop on non-violent protest tactics in the Maldives [https://humanrightsdefenders.blog/2019/05/21/four-zimbabwe-human-rights-defenders-detained-at-at-the-mugabe-airport-on-their-return-from-foreign-trip/]
On 24 August the Zimbabwean made similar statements.
That not everyone agrees is obivious and in a long anti-opposition rant in the Sunday Mail of 25 August one can find gems like:
“The joint statement by the EU member states and the unashamed US was as condescending as it was patronising. Stripped to its bare essentials, the August 20 statement, without an iota of evidence, accuses Government of “intimidation, harassment and physical attacks” of hooligans disguised as human rights defenders.“…
and :“..they overly concerned with the rights of those who want to demonstrate — purportedly under the guise of freedom of assembly, association and expression, or any such gobbledygook — while ignoring the rights of those still nursing sutured, serrated and weeping wounds from the recent orgies of violence? Have these Excellencies, so besotted with human rights, ever lent an ear or a measly penny to those still counting losses and smarting from the recent violence, which destroyed their businesses and sources of livelihood? Is it not Mr Government who is picking up the tab? Hypocrites! But no sooner had the ink on the statement of these meddlesome Excellencies dried than we began discovering wholesale abductions, all played out to an excitable Twitter audience. Dear reader, it all happens on Twitter.”
Call to action: Former judge Yvonne Mokgoro says society must prioritise women’s rights. (Muntu Vilakazi/City Press/Gallo Images)
Inspired by a lecture on 14 August by former judge Yvonne Mokgoro about the dire social and economic condition of women in South Africa at a women’s month event hosted by the International Commission of Jurists and the Centre for Applied Legal Studies, On 23 August 2019, three women human rights defenders in South Africa (Mateenah Hunter, a human-rights lawyer, and Shaazia Ebrahim and Tim Fish Hodgson who work for the Africa team of the International Commission of Jurists in Johannesburg) published a piece on the plight of women in South africa:
Mokgoro, South Africa’s first black female judge and a retired justice of the Constitutional Court, emphasised in her keynote address that poor, black women particularly continued to disproportionately bear the brunt of the most severe forms of poverty and inequality in South Africa. Poor black women face difficulties accessing a number of constitutionally recognised rights, including education, healthcare, land and housing. This, despite far-reaching constitutional protections of women’s rights and socioeconomic rights in South Africa’s Constitution…
Mokgoro’s moving and passionate address created an open environment in which women human-rights defenders and public-interest lawyers voiced their experiences of gendered socioeconomic rights violations in South Africa.
Mokgoro articulated the deep frustration of South African women with the government and broader society’s failure to act to curb and prevent the social, cultural and economic violence suffered by the women of South Africa. “Women constitute most of society. Why can’t we make women’s rights at the forefront? We must structure the rules to meet the needs of women,” Mokgoro said. She was moved to tears as she spoke.
Tumelo Matlwa and Amelia Rawháni-Mosalakae, lawyers at the Centre for Applied Legal Studies, spoke to the all-too-common difficulties faced by women in South Africa who are married in community of property and who — because of an under-protective legal system and the disinterest of banks in their welfare — unwillingly take on their husbands’ debts. Poverty, they concluded, “is a form of economic violence that has a disproportionate effect on women”.
Fatima Shabodien, feminist activist and strategy director at the Raith Foundation, spoke directly to the sexual harassment crisis in the nongovernmental organisation (NGO) sector in South Africa, which has received extensive media coverage, and about the responses of a number of organisations to allegations of sexual harassment. …She urged human rights defenders, public interest lawyers, boards of NGOs and donors to demand that allegations of sexual harassment are dealt with expeditiously and effectively and that there are real and lasting consequences for perpetrators.
This was brought into sharp relief by Nonhle Mbuthuma, a community land rights activist and member of the Amadiba Crisis Committee. It is primarily women, Mbuthuma indicated, who are risking their lives and wellbeing by signing affidavits to go to court to fight against the use of their land for mining in the name of economic development. [see also: https://humanrightsdefenders.blog/2018/11/25/the-human-rights-defenders-in-ais-2018-write-for-rights-campaign/]
…
Mokgoro’s intervention was aimed at encouraging lawyers, judges and government officials to reverse this practice that often renders women invisible, thus limiting the transformative potential of the Constitution in their lives. Mokgoro called for an “engendering” of socioeconomic rights towards the social and economic liberation of women from the feminisation of poverty, citing Professor Sandra Fredman.
As young human-rights defenders, we are inspired by Mokgoro’s life, love, learning and labour through which she continues to contribute to the creation of a nonsexist society in which the oppressive effects of patriarchy are eliminated. We take this opportunity, in “Women’s Month”, to remember all those women, who, like Mokgoro, have struggled against the odds to bring us to this point.
The many women who risked their lives fighting apartheid and colonialism, including the thousands of women who marched to the Union Buildings in 1956, demanding that the apartheid government withdraw pass laws.
The women who fought to secure a seat at the table during our constitutional negotiations despite their initial marginalisation and ensured that women’s rights are now afforded significant constitutional protection;
The women who continue to campaign tirelessly for women’s reproductive rights and against gender-based violence.
The women public interest lawyers who bring women’s socioeconomic rights cases to our courts.
The women in grassroots social movements around the country who continue to claim their constitutional rights and insist that they are written into the story of our constitutional rights jurisprudence.
The women in homes around the country giving their love and labour on a daily basis to ensure that care work that is so crucial to our families and communities is undertaken.
The women in townships, urban centres and rural areas around the country who work as domestic workers, community health workers, informal traders and farm workers and many other precarious jobs; who sacrifice spending time with their own families to provide them with the basic necessities of life in the absence of sufficient support from the state.
The women of Marikana, who are still fighting for simple justice for their murdered husbands and partners and their decimated families, seven years after the Marikana massacre.
………
As Toni Morrison said: “If there’s a [story] that you want to read, but it hasn’t been written yet, then you must write it.” Mokgoro has reminded us that the story of the constitutional realisation of women’s socioeconomic rights has yet to be fully written. And she has inspired us to continue — alongside the many women activists currently doing so —to write it.
Former Moroccan journalist Ahmed Reda Benchemsi. / Ph. DR
On 20 August 2019Human Rights Watch (HRW) denounced Algeria’s expulsion of former Moroccan journalist Ahmed Reda Benchemsi, who acts as its Middle East communications and advocacy director. In a statement, the NGO recalled that Benchemsi arrived in Algeria on August 1 on behalf of the organization. Police arrested him on August 9 around 2 pm, while he «was observing the 25th consecutive Friday pro-democracy demonstration in downtown Algiers». Authorities confiscated his phone and laptop and «ordered him to provide his passwords to unlock both devices, which he refused to do».
«Ahmed Benchemsi was in Algiers simply doing his job observing human rights conditions», executive director of Human Rights Watch Kenneth Roth said. «His arbitrary arrest and mistreatment send the message that authorities don’t want the world to know about the mass protests for more democracy in Algeria», Roth added.
Benchemsi lawfully entered Algeria and revealed his professional affiliation at the request of the authorities, said HRW, recalling that the Moroccan had already made three trips to Algeria since 2017 on behalf of the organization. The Algerian authorities have not, at any time, informed Benchemsi of the charges he could be facing or the legal basis to confiscate and keep his passports, his telephone and his laptop, or to demand that he provides the passwords of the devices, he denounces. «Benchemsi’s mistreatment is a sobering reminder of the risks faced every day by Algerian human rights defenders exposing and reporting on government abuses», Roth concluded.
Speaking to Al Jazeera on Tuesday 20 August 2019, OHCHR spokesman Rupert Colville confirmed the body’s decision to postpone the Conference on Defining and Criminalising Torture in Legislation in the Arab Region. “We still plan to hold it in the Middle East/North Africa region, as for obvious reasons it is likely to have more impact within the region itself than if it is held in some more distant venue in Europe or elsewhere,” Colville said. He added that the UN “will consult widely with NGOs and national human rights institutions before deciding where and when it will now be held“.
The Heads of Mission in Zimbabwe of the European Union, France, Germany, Greece, the Netherlands, Romania, Sweden, the United Kingdom, Australia, Canada and the USA issued the following statement on 20 August 2019:
Intimidation, harassment and physical attacks on human rights defenders, trade union and civil society representatives, and opposition politicians – prior to, during and following the demonstration in Harare on 16 August – are cause for great concern.
The Zimbabwean Constitution guarantees the right to personal security from violence and prohibits physical or psychological torture. The Heads of Mission urge the authorities to respect these fundamental rights, and to hold perpetrators of violence legally responsible.
The Heads of Mission call on the authorities to respect the constitutional rights to freedom of assembly, association and expression as well as to peaceful protest, and urge all political party leaders and supporters to abstain from threats and incitement to violence as well as acts of violence or vandalism. The security forces must adhere to their Constitutional mandate and exercise restraint and proportionality while maintaining public order.
Only by addressing concretely and rapidly these human rights violations will the Government of Zimbabwe give credibility to its commitments to address longstanding governance challenges. The Heads of Mission reiterate their calls for the implementation of the government’s political and economic reform agenda, underpinned by inclusive national dialogue and increased efforts to address the severe social situation.
James A. Goldston, Executive Director of the Open Society Justice Initiative and previously in the Office of the Prosecutor at the International Criminal Court, wrote on 20 August 2019 an opinion piece in ‘Balkan Insight’ entitled: “Illiberal Populism: A Wake-Up Call for Human Rights”. His conclusion is that human rights defenders need to up their game but be under no illusion that they alone can defend liberal values. “The battle against illiberal populism will ultimately be won in the arenas of politics and power — in voting booths, legislative offices, the media and the streets.“
The writer focuses on 3 critcisms often thrown at the human rights movement:
Foremost a lack of concern with economic inequality (Indeed, over the past four decades, the international human rights movement has grown hand in hand with obscene disparities of wealth).
Secondly over reliance on legalisation. (Norms and standards go only so far if they are not implemented in real life – a preoccupation with legal claims has blinded the movement to the underlying moral values that move many to action.)
Finally, critics argue, it overlooked people. (.. rights defenders have spent so much time refining arguments for courts and legislatures that they have failed to .. cooperate meaningfully, with the victims, survivors, family members and others on whose behalf they purport to advocate)
The criticisms – although overblown especially by populist leaders – contain truth, and they lead to clear prescriptions, says Goldston: We must pay more attention to economic suffering. We must relearn how to speak less like lawyers and more like people. And we must work more collaboratively with like-minded groups that don’t identify themselves as rights defenders, but whose contributions — whether through science, technology, economics, or the arts — can foster rights awareness.
.. But rolling back reactionary politics worldwide requires not just rights activism but also deeper engagement in political debate and elections. That’s a task not just for the rights movement, but for everyone.The author notes that although annual philanthropic funding for “human rights and social justice” has increased worldwide in recent years, it remains under $3 billion. {and human rights defenders a tiney partof that, see: https://humanrightsdefenders.blog/2019/07/18/important-report-to-help-you-understand-human-rights-grantmaking/]
Yousef Saba reported for Reuters on 15 August 2019 that human rights defenders criticized a United Nations decision to hold a conference in Cairo on torture (“Defining and Criminalizing Torture in Legislation in the Arab Region”) with an Egyptian state organization. “It’s illogical for a country where torture is systematic to host a conference on torture,” said Mohamed Zaree of the non-government Cairo Institute for Human Rights Studies. [see: https://humanrightsdefenders.blog/2017/10/10/breaking-news-egyptian-defender-mohammed-zaree-laureate-of-the-martin-ennals-award-2017/] “Egypt must be excluded as a place, or as the Egyptian regime, from hosting any forum or event related to human rights,” Zaree said.
The U.N. Office of the High Commissioner for Human Rights will co-host the regional conference with the government’s National Council for Human Rights (NCHR) on 4-5 September. Some 80 participants, both government and non-governmental, from 19 Arab countries are expected to attend. U.N. human rights spokesman Rupert Colville, who in February had said torture was endemic in Egypt, told Reuters: “It is a fairly standard type of event.”…
Gamal Eid, director of the Arab Network for Human Rights Information, said the idea of Egypt hosting such an event was a joke. “More ironic is that this is through the National Council (for Human Rights), the role of which is to always polish the government’s image and complicity in the human rights situation,” he said. NHCR president Mohamed Fayek will give a welcome address at the conference’s opening ceremony, according to an agenda seen by Reuters….In 2017, Egypt raided and shut down the Nadeem Center, which documented alleged human rights abuses and treated torture victims.
In the meantime on 19 August 2019 the NGO EuroMed Rights announced that it has declined the invitation and in an open letter addressed to UN High Commissioner, Ms Michelle Bachelet, EuroMed Rights expresses its deep reservations about the decision to hold this conference in Egypt, a country where torture is systematically practised by the security forces, and in collaboration with the Egyptian National Council for Human Rights, which acts under the auspices of the government. The letter recalls that detainees and prisoners in Egypt are frequently subjected to abuses which amount to torture, including electric shocks, beatings, suspension by limbs and rape. Read full letter here
Pax Christi International honoured the European Lawyers in Lesvos (ELIL) as the recipient of the 2019 Pax Christi International Peace Prize at a ceremony held in Brussels on Wednesday evening, 26 June.
The prize was accepted by “European Lawyers in Lesvos” (ELIL’s) managing director, Philip Worthington, who delivered a speech on the work of ELIL and their efforts to protect the human rights of migrants and refugees in crisis. The evening began with a speech highlighting the centrality of recognising the human dignity of every person by Bishop Kevin Dowling (Rustenburg, South Africa), Co-President of Pax Christi International. His speech was followed by his counterpart, Ms Marie Dennis, Co-President of Pax Christi International, addressing the importance of the refugee crisis to Pax Christi sections and member organisations around the world and how we are inspired by the work of ELIL. Ms. Greet Vanaerschot, Pax Christi International’s Secretary General, presented the award to Mr Worthington. Attendees were treated to musical interludes by recording artist Zem. A reception followed the one-hour ceremony.
One of the very few providers of legal assistance on the Greek island of Lesvos (also known as Lesbos, a focal point of mass immigration into Europe), ELIL was founded in June 2016 by the Council of Bars and Law Societies of Europe (CCBE) and the German Bar Association (DAV). Since that time, along with a small permanent staff, almost 150 volunteer asylum lawyers from 17 countries have provided free legal assistance to more than 9,000 people, most of whom are from Syria, Iraq or Afghanistan. ELIL is the largest provider of legal assistance to asylum seekers on Lesvos and is the primary provider of legal assistance to unaccompanied minors who have been incorrectly registered as adults (over 500 cases in total) and asylum seekers in detention (almost 200 cases in total). In addition to other services, ELIL also helps reunite families by assisting with family reunification applications under the Dublin Regulation.
Established in 1988, the Pax Christi International Peace Award is funded by the Cardinal Bernardus Alfrink Peace Fund and honours contemporary individuals and organisations who make a stand for peace, justice and nonviolence in different parts of the world. For text and videos of the speeches, photos of the ceremony & more, please click HERE.
Saudi human rights lawyer Waleed Abu al-Khair, who was convicted on anti-terrorism charges and sentenced to 15 years in prison, is the winner of the 2019 ABA International Human Rights Award. For more on this and other awards for human rights lawyers see: http://www.trueheroesfilms.org/thedigest/awards/aba-international-human-rights-award
The ABA Journal states that Abu al-Khair founded Monitor for Human Rights, one of the only human rights organizations in Saudi Arabia, in 2008. He dedicated his legal career to defending human rights and the right to freedom of expression, and pushed for an elected parliament, independent judiciary, constitutional monarchy and other reforms in his country. Abu al-Khair’s 2014 arrest and conviction largely stemmed from comments he made to the media and on social media that criticized Saudi Arabia’s human rights record, discussions of human rights in his home and his defense of activists who were punished for criticizing the government, according to Human Rights Watch and Amnesty International. The human rights organizations say the specific charges against him included disobeying the ruler and seeking to remove his legitimacy; insulting the judiciary and questioning the integrity of judges; setting up an unlicensed organization; harming the reputation of the state by communicating with international organizations; and preparing, storing and sending information that harms public order.
His full 15-year sentence was upheld by a Saudi appeals court in 2015 after he refused to apologize for the alleged offenses. He is currently in the Dhahban Central Prison in Jeddah, Saudi Arabia. The United Nations Human Rights Council’s Working Group on Arbitrary Detention has twice reviewed the legitimacy of Abu al-Khair’s detention, and in 2018, declared that Saudi Arabia lacked legal basis and grounds for restricting his freedoms of expression and opinion, the ABA press release says.
UN Deputy Secretary-General Amina Mohamed’s spoke on the International Day of the World’s Indigenous Peoples, 9 August 2019, in New York: …There are an estimated 370 million indigenous people in the world today. …This year marks the International Year of Indigenous Languages, declared by the United Nations General Assembly to draw attention to the urgent need to preserve, revitalize and promote our indigenous languages. Almost half the world’s estimated 6,700 languages are in danger of disappearing. Most of these belong to indigenous peoples. With every language that disappears, the world loses a wealth of traditional knowledge and cultural heritage.
……..As the International Panel on Climate Change report that comes out today focuses on land degradation, it is important to re-emphasize that we will stand with those human rights defenders and defenders of our environment, of our habitat, that are persecuted. We should put a stop to that and have zero tolerance for it. And on this day we remember those who are fighting for indigenous peoples and their habitat.
Hans Thoolen on Human Rights Defenders and their awards 